Draft Hovercraft (Application of Enactments) and Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Amendment Order 2022

Valerie Vaz Excerpts

Tuesday 14th June 2022 General Committees

[Robert Courts]

Yes, I can answer that question. I was alarmed at the intervention—I wondered whether my explanation thus far had not been clear. The only hovercraft that are operational in the UK at the moment are those that operate from Southsea, near my hon. Friend’s constituency, to the Isle of Wight. Those are not covered by the order because they operate only in internal waters. The order applies to external waters, and there are not currently any hovercraft operating in the UK that would be caught by it. None the less, it is important that we make the order so that future hovercraft would be covered by pollution regulations, for reasons we all understand.

The 1996 order provides powers to give effect in secondary legislation to the pollution prevention obligations in the UN convention on the law of the sea, or UNCLOS, with which we should all be familiar. Those obligations are often found in other international conventions, including the STCW convention, which sets out the standards that must be met for seafarers to obtain the internationally recognised certificates that are required if they are to work on vessels that operate internationally. The Hovercraft Act 1968 confers power on Her Majesty to make an Order in Council that applies any enactment relating to ships to hovercraft. The 1989 order serves that purpose, but it needs to be updated to include provision relating to the prevention of pollution.

The 1989 order, which is best thought of as an enabling order, contains some provision for the application of pollution prevention measures made under the Merchant Shipping Act, but it does not include the 1996 order, which is the relevant one for the purposes of pollution prevention. This order will fix that. It will ensure that the pollution prevention obligations in UNCLOS can be applied in full to hovercraft in the way that they already apply to ships. It will also bring some other measures up to date and apply them to hovercraft.

[Valerie Vaz (Walsall South) (Lab)]

The explanatory note states:

“A full impact assessment has not been prepared for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.”

Is this really necessary, and would he define “significant”?

[Robert Courts]

That is a very good question, and I entirely understand why the right hon. Member asks it, but the reality is that at present there are no hovercraft operating that will be impacted by the order. That is why there is no impact assessment: it is impossible to find an impact when there is no one on whom the measure impacts.

I think the real thrust of the right hon. Member’s question is, “Why are the Government doing it?”. We have introduced the order because doing so is, in any event, part of our international obligations as a country. There may come a time when operators wish to operate hovercraft in this area. Were that to happen, our legal system would be out of date; we would not have the relevant measures in place to guard against pollution, which we would all think was a mistake on our part. However, she raises a very good point.

The order will fix the gap to which I referred, and UK regulations governing hovercraft will then include provision for pollution prevention that derives from UNCLOS, of which the UK is proud to be leading member. The order also amends the 1989 order to enable the manning requirements in section 47 of the Merchant Shipping Act 1995, which apply to ships, to apply to hovercraft. Finally, the order makes discrete amendments to the 1996 order, which needs to be updated so that regulations made under it can prescribe custodial sentences in respect of offences for breaches of the requirements of those regulations. That is the offence to which I referred at the beginning, which the draft order will keep up to date.

To answer the question from the right hon. Member for Walsall South, the Government are introducing the order now because the STCW convention has been subject to a number of recent amendments that affect seafarer training. Those are being implemented in regulations that replace the existing regulations that implement the STCW convention. The criminal sanctions will apply to ship owners, operators and masters who fail to ensure that their seafarers are qualified, are certified and discharge their obligations in accordance with the convention requirements, including the latest amendments. Again, that will apply, as required, to hovercraft.

A number of other provisions, such as those on manning, watchkeeping and the requirements to ensure that seafarers are trained in accordance with the convention, will continue to be applied to hovercraft and will be contained in the same instrument. The repeal of section 2(2) of the European Communities Act has left a gap in the powers that we otherwise would have used to do that. That would have meant that there was a disparity between the requirements as they apply to manning and training, and the requirements as they apply to pollution, which would not have carried custodial penalties. We need those penalties to be included to ensure that the criminal sanctions apply across the board. We need to have the same provision available for the contravention of the pollution requirements as we have for the contravention of safety requirements, for reasons that the Committee will understand: pollution is just as important as safety in other areas. Without those powers, we would be unable to enforce the convention adequately in UK law, for the reasons that I have given.

I hope that my speech has been helpful in telling hon. Members what the order is all about. We need to be able to apply pollution prevention requirements in the STCW convention to hovercraft, and to remake and apply the existing enforcement legislation in so far as it relates to the prevention of pollution. I hope that I have everyone’s support for the order.